On the Fourth Day of Preetsmas

preetsmas

 

Mickey Kearns and Aaron Pierce

To what extent might Assemblyman Mickey Kearns be implicated in the Great Preetsmas Massacre of ’15? On Tuesday, I ran through the fact that Kearns had been a recipient of generous campaign contributions from a Seneca businessman named Aaron Pierce.  Pierce and his companies have recently run afoul of the law and been prosecuted, and he was named as having been a prominent donor to Steve Pigeon’s Western New York Progressive Caucus (“AwfulPAC”).

What are Mickey Kearns’ connections to Pierce?

1) The new turf football field at Mulroy Park was renamed Pierce Field “to recognize the extraordinary commitment and leadership of Aaron Pierce and the Pierce Family in making the project a reality.” (Common Council Proceedings of 9/20/11.) 

2) On May 15, 2013, Assemblyman Kearns nominates Pierce for a state award: “honoring the contributions of 142 everyday people who are working to make our District a better place, through volunteering, teaching, coaching and anyone who should be recognized for their contribution to the greater good.”

3) The political consulting firm which the media has recently reported as belonging to Steve Casey and Chris Grant, Herd Solutions, is shown in NYS BOE filings as a vendor to the Kearns campaign, though there is not enough expenditure to account for the volume of television and mailings utilized by that campaign:

Amount Date Report
$15,000 3/20/12 2012 27 day Post-Special
$8,500 3/08/12 2012 27 day Post-Special
$2,000 5/10/12 2012 July Periodic
$1,000 5/10/12 2012 July Periodic

It bears mentioning that Herd Solutions has several listed addresses throughout the New York State Board of Elections filings, and the most recent one is in Asheville, North Carolina. The website for “Herd Marketing Solutions” is down, but cached versions promote SEO management, online reputation management, and other public relations-type services. Herd Solutions shows past addresses that include Chris Grant’s home in Akron, an office rental facility at Delaware & North, and a Williamsville residence where a company called “Empowered Stables, LLC” was just registered in February 2015 to a Stephen L. Grant, likely related to Chris, since donations to Collins from Chris Grant appear from that same address in July 2008 reports, (also here to the GOP Committee).

4) Contributions from what are thought to be Aaron Pierce-controlled companies to Mr. Kearns in the 2012 campaign:

2012 Pierce to Kearns
Contributor Amount Date Report
ABCZ Holdings LLC Gowanda, NY $5000 2/28/12 2012 11 Day Pre-Special
AJ Cigar LLC Gowanda, NY $5000 2/03/12 2012 32 day Pre-Special
Hurricane Mgmt Gowanda, NY $5000 2/13/12 2012 32 day Pre-Special
James Bros Wholesale Irving, NY $5000 2/28/12 2012 11 day Pre-Special
Jays Candy & Tobacco LLC Gowanda $5000 2/03/12 2012 32 day Pre-Special
Med Assign LLC Irving NY $5000 2/13/12 2012 32 day Pre-Special
Pierce Munitions Gowanda, NY $5000 2/13/12 2012 32 day Pre-Special
Pierce Nat’l Enterprises Irving, NY $5000 2/28/12 2012 32 day Pre-Special
Red Jacket Mgmt LLC $5000 2/28/12 2012 11 day Pre-Special
Seneca Smoke Shop Gowanda, NY $5000 2/03/12 2012 32 day Pre-Special

That’s $50,000 from one likely contributor exploiting the LLC loophole. The Buffalo News reported that Mr. Kearns acknowledged that these contributions exceeded the allowable limit set forth in the law and pledged to return the excessive amounts.  Nine of these corporations received $900 refunds as reflected in the 11 day pre special report. It also bears mentioning that, for some reason, Kearns’ payments to Herd Solutions don’t show up in a search of the state BOE’s expense database – only by examining the specific disclosures that Kearns made. Something is wrong with the system, and it isn’t properly cross-referencing data.

Steve Pigeon, Gene Caccamise & Bricklayers’ Local 3

On another note, yesterday I used an image for a post that Steve Pigeon had Tweeted in 2013 to rebut an article of mine where I recounted two sources’ recollections that they had heard Governor Cuomo admonish Pigeon to stay out of the Hamister deal in Niagara Falls. Indeed, in all my years of writing about Pigeon, this was the one and only instance where he ever directly addressed one of my posts. He went on to write,

Gene Caccamise

Pigeon’s Tweets are dated September 12th, and the primary election had been held on September 10th. The image was taken, and the exchange with the Governor was held on the Sunday before the primary. Pigeon’s AwfulPAC (WNYPC) effectively ceased all activity after September 10th. It was July 2014 when I first began floating the theory that the financial shenanigans surrounding AwfulPAC were much more serious than just your typical run-of-the-mill Pigeoning of local races. In August 2013, the West Seneca town board approved up to $30,000 be spent to undertake an environmental review of the Seneca Mall site, but no one would say why. From the West Seneca Bee,

 

“It seems very cryptic when you read it,” said Hart. “People will wonder what’s going on.”

Meegan said she realized that, but they can’t “spill the beans.”

Hart also told the public that it is the intent of the board to rezone the former Seneca Mall site from industrial to commercial, as per the owner’s request. He said he could not offer much information but did say the proposed development would be a “game-changer” for the town.

 

Game-changer: football stadium? Casino?

AwfulPAC benefited from a huge cash injection from nominal Democrat and pro-life-oh-wait-pro-choice Tim Kennedy. But at the time, a singular donation of $25,000 from the International Union of Bricklayers and Allied Craftworkers Local 3 was quite puzzling, and no one reported on it until I brought it up in July 2014. 

Pigeon’s friend Gene Caccamise was the regional head of that Bricklayer’s Union local until his resignation in March 2015. As to that donation, no one understood why it was made, and it’s glaringly odd because a $25,000 donation would have practically emptied the union’s account. The image above is taken from Pigeon’s WNYPC 2013 11-day pre-primary filing. By contrast, this is what the Bricklayer’s union’s disclosure shows on its corresponding 11-day pre-primary filing

We’re meant to believe that a union with only $28,000 on hand is emptying its account to fund the WNYPC? Indeed, a scan of this union local’s intake and outflow shows modest amounts – a few thousand coming in, a few hundred going out. It reports $5,000 to current Rochester Mayor Lovely Warren in its 11-day pre-General. It gave Sean Ryan $500 bucks. Its July 2013 report shows a little over $1,000 to Tim Kennedybut at no time did the BAC Local 3 report $25,000 to the “WNY Progressive Caucus”, and such an outflow appears on no disclosure report whatsoever.

Could the investigation into where the WNYPC’s money came from – and this apparently falsified contribution from the bricklayer’s union help explain Caccamise’s recent departure? Caccamise remains the “ethics officer” and a member of the board of COMIDA, the Monroe County Industrial Development Agency. Sources say that the Buffalo representative from the Bricklayer’s Local 3 was as surprised as anyone when the contribution to the WNYPC was revealed, and claimed to have no idea why it was made. The theory is that Caccamise was close with developer Scott Congel and with Pigeon, and wanted jobs for the proposed West Seneca development, the renderings for which contained a lot of brick

Kristy “Turncoat” Mazurek

Michael Caputo’s PoliticsNY.net broke the story on its “rumors and innuendo” page that former WNYPC treasurer Kristy Mazurek had been granted immunity from prosecution in the ongoing Preetsmas criminal probe, likely in exchange for her cooperation. 

This is all just packed with schadenfreude. In September 2014, Mazurek tried to threaten Shredd and Ragan to not have me on air, adding that a “team of lawyers” was “monitoring” me. I went on air anyway. Fast-forward 9 months, Mazurek is represented by criminal superlawyer Joel Daniels, and has reportedly turned state’s evidence in connection with the ongoing state & fed criminal probe into the “WNY Progressive Caucus”, for which she was treasurer. In just 9 mos, Mazurek has gone from issuing threats to ratting out Pigeon & associates in exchange for immunity.

This confirms what Geoff Kelly and I thought in last week’s podcast, regarding why it was that Mazurek’s home hadn’t been raided. 

Senecas fire Pigeon

Two Tweets Tuesday afternoon from Liz Benjamin

 

The Seneca Nation is caught up in a criminal investigation thanks to the guys it hired as lobbyists. Investigators now have whatever records they recovered in last week’s raids on top of subpoenaed bank records likely being analyzed by forensic accountants, and the WNYPC’s own treasurer singing like a canary.

On top of all of this, rumors are swirling about who the real targets are. Clearly, Mazurek was a small fish worth flipping to get to the people who were really in charge. There are rumors that one prominent Republican developer contributed money to the WNYPC by illegally using or reimbursing a conduit, possibly involving a big-name attorney.

Some have suggested that calling this “Preetsmas” is wrong because his office is perhaps not necessarily involved in these investigations. We’re not 100% sure that it’s not, and certainly the US Attorney for the Southern District of NY has, at least, provided the proper environment for this probe to take place.  Bharara’s office took possession of control of the entire Moreland Commission records, which included complaints made against the WNYPC. This is Preetsmas, and on the 4th Day of Preetsmas, my true love gave to me, four rats a-ratting.

No way this is the end of this story. This is only the beginning.

Preetsmas: Tentacles Spreading

pigeonThe Buffalo News reports that one of the top donors to Steve Pigeon’s and Kristy Mazurek’s “WNY Progressive Caucus” has been in big trouble lately.

Aaron J. Pierce, a Seneca owner of an online cigarette business and a munitions factory,

• In August 2013, a Pierce company called AJ’s Candy & Tobacco was charged – with 17 other defendants – with conspiracy to commit wire fraud and contraband cigarette trafficking. Federal prosecutors said AJ’s Candy was one of several Native American tobacco companies from Western New York that saved hundreds of thousands of dollars by illegally buying and reselling “unstamped” cigarettes.

AJ’s Candy and other companies saved themselves $4.35 a pack by illegally buying cigarettes from a Missouri company that had not paid New York state excise taxes, prosecutors charged.

Court papers show that, last August, AJ’s Candy & Tobacco was sentenced after taking a corporate guilty plea, admitting to felony charges of conspiracy to commit wire fraud and contraband cigarette trafficking. The company agreed to pay just over $1 million in fines, judgments and restitution. The company was put on probation for two years. Pierce – who signed the plea agreement on the company’s behalf – agreed that the company would not sell any cigarettes except those made by his own companies for two years.

The charges against AJ’s Candy & Tobacco and 17 other defendants followed a lengthy undercover investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The defendants in the case purchased a total of $17 million in illegally untaxed cigarettes during the undercover probe, said U.S. Attorney Tammy Dickenson, in Kansas City, Mo.

• In April of this year, Pierce and another of his companies – AJ’s Wholesale LLC of Irving – agreed to pay $400,000 to federal prosecutors in Buffalo to settle a non-criminal forfeiture case.

Federal prosecutors filed the forfeiture action against Pierce and AJ’s Wholesale in February, after ATF agents determined that AJ’s unlawfully bought and resold more than 403,000 cartons of untaxed cigarettes between September 2012 and January 2013, Assistant U.S. Attorney Richard D. Kaufman said in court papers.

A court order directing Pierce and AJ’s Wholesale to pay $400,000 to the federal government was signed by District Judge Richard J. Arcara on April 19. Another document, called a “stipulation for settlement and forfeiture,” was signed by Pierce and Pigeon – acting as an attorney for Pierce – on March 24.

AJ’s Wholesale, the company involved in the $400,000 forfeiture action, is the same Pierce company that donated $30,000 to Pigeon’s PAC in September 2013, government documents show.

Pierce is also a big donor to Assemblyman Mickey Kearns – so much so that Kearns had a ballpark named after Pierce.

When this all gets written up and we know all the ins and outs, remember that the question is where the money came from to fund the WNYPC. It was rumored to be Seneca money, and the evidence is mounting that this is true. Pierce’s quoted lawyer – Ed Betz – is a close associate of Pigeon protege Jack O’Donnell, and was hired as counsel for the Erie County Water Authority when O’Donnell was a commissioner.

Also, in case you missed it, Ken Kruly’s blog has a list of the lawyers all the targets of the Preetsmas probe have retained,

  • Steve Pigeon – represented by Dennis Vacco and Paul Cambria
  • Steve Casey – represented by Rod Personius
  • Chris Grant – represented by Thomas Eoannou
  • Tim Kennedy – represented by Terry Connors
  • Kristi Mazurek – represented by Joel Daniels

That reads like a who’s who of local lawyers you hire when you’re accused of really, really serious stuff. Also – Tim Kennedy?!

So far, the only thing missing is how the Albany-based accused cult NXIVM fits into all of this. Because I’m convinced that this investigation’s scope and timeframe is much wider than is being reported.

Merry Preetsmas

Steve-PigeonOn the first day of Preetmas, my true love gave to me: a search warrant for Pigeon and Casey.

Thursday, May 28 at midday, state police and FBI agents executed search warrants at the homes of three prominent political figures: lobbyist Steve Pigeon, former Buffalo Deputy Mayor Steve Casey, and Representative Chris Collins’s chief of staff, Chris Grant.

All of this raises more questions than answers.

These raids seem to be the culmination of a two-year-long series of inquiries into the activities of Western New York Progressive Caucus, a campaign committee directed by Pigeon that was active in 2013 Erie County races. People in the know believe that the point of prosecutorial entry for all of this—in addition to the likelihood WNYPC bank records betray some skullduggery—has to do with improper PAC coordination with campaigns, and with possible phantom billings to campaigns. For instance, if you’re a politician and you have a huge warchest, you can’t spend that money for any non-political purpose. But what if you contracted with a printing shop to do palmcards or mailers, and money changes hands for work that’s never done? You send me a bill, I’ll pay the bill. The non-printing printer gets a kickback, the cash goes off into the ether, having been essentially laundered.

What other connections are there? Back in 2014, before the state took over the investigation, the county Board of Elections had subpoenaed several businesses that supplied the WNYPC, and some were less forthcoming than others. One in particular—Marketing Technologies—did not respond to a subpoena and the board had to move in Supreme Court to enforce it. At a hearing with Judge Troutman, a representative from Marketing Technologies claimed that he could not obey the subpoena for email records because they had been destroyed, but did provide invoices. In open court, he testified that his point of contact for the WNYPC mailers that his shop produced was Deputy Mayor Steve Casey. This was during a supposed “truce” between City Hall and Democratic HQ. Sources close to the county investigation reveal that David Pfaff’s name kept coming up in connection with mailers and the WNYPC’s BOE filings. Pfaff is now a staffer for Senator Panepinto, and one observer calls the effort to land Pfaff a job—any job—as “frantic”, raising questions about whether that frenzy had to do with placating a potential witness.

Go read this article about the Seneca Mall project, which seems to be at least part of the unifying thread with all of this WNYPC business. Now, why would the Syracuse-based developer of that West Seneca project, Scott Congel, need to engage the assistance and services of all of these politically connected people simply to build some sort of lifestyle center/shopping mall on a piece of derelict West Seneca property? Congel hired Steve Casey to run the project, Pigeon is a consultant, Golisano’s name was brought up when the site was suggested as a Bills stadium site—it doesn’t make any sense. One longtime political observer posits this explanation: Congel retaining Seneca Nation lobbyist Pigeon, and putting Casey on the payroll; getting Tim Kennedy re-elected as he battled Betty Jean Grant—why would that be necessary?

Moving the Buffalo Creek Casino to the I-90 mainline corridor.

In order to move the Buffalo Creek Casino to a more prominent spot along in West Seneca, you would need approval from the Bureau of Indian Affairs, and you would ultimately need sign-off from the Mayor of Buffalo and the Governor of the State of New York. That’s where Casey and Pigeon come in; both have influence where it counts. If you wanted to move the casino, you need buy-in, obviously, from the Senecas themselves. Pigeon now lobbies for the Seneca Nation, and don’t forget that the Senecas invested heavily in Kennedy’s own re-election campaign. From 2011—2013, Tim Kennedy’s campaign has been the seventh largest recipient of Seneca Nation money: ($73,850), and the proposed Congel project is what was until very recently Kennedy’s district. Kennedy wrote a letter opposing the idea of a non-Indian Finger Lakes casino. Although the West Seneca site is no longer in Kennedy’s district, he does maintain a rather active political profile in that town, and is close to the supervisor, Sheila Meegan. Meegan is the daughter of Christopher Walsh, a former chair of the West Seneca Democratic Committee, and considered to be a political father figure to Steve Pigeon.

The financial bonanza of a project of this scope and size would be huge for everyone involved. This doesn’t, however, explain why Chris Grant’s house was also searched.

This should be somewhat contextualized, so here’s just a small taste of the history at play.

In 2008, Steve Pigeon set up a PAC as part of an effort to oust political foe Sam Hoyt from the state Assembly. The PAC spent tons of money mailing horrible things about Hoyt to voters—the material was so inflammatory that it ultimately backfired, causing voters to sympathize with Hoyt rather than revile him.

In 2009, Pigeon and his benefactor/client Tom Golisano set up the hilariously misnamed “Responsible New York”, which brought about a coup in the State Senate and elevated convicted criminals Pedro Espada and Hiram Monserratte’s to its leadership. In 2010, a similar coup was executed in the Erie County Legislature, handing a majority Democratic body over to Republican then-County Executive Chris Collins on a silver platter. It was that coup that helped propel Tim Kennedy to the state Senate.

In 2013, Pigeon and erstwhile political commentator Kristy Mazurek set up the WNY Progressive Caucus.  It was set up as a PAC—the election law doesn’t use that term, but as an unauthorized committee, the WNYPC could raise and spend money to donate to specific campaigns, but was not allowed to coordinate with them, or spend money on their behalf. I called it “AwfulPAC”. In early September 2013, just weeks before primary day, the WNYPC paid for thousands of pieces of literature to be mailed to voters, slamming legislative candidates backed by party headquarters—most notably Tim Hogues, Betty Jean Grant, Wynnie Fisher, and Lynn Dearmyer. For example, one piece of WNYPC lit slammed Hogues for being a “Republican” and promoted the candidacy of his challenger, Barbara Miller-Williams—a woman who quite literally conspired with Republicans to execute the aforementioned 2010 coup.

WNYPC’s disclosures were not complete.  WNYPC’s financial recordkeeping was so sloppy that it seemed to be hiding potential illegality. The bricklayer’s union barely had the $25,000 the WNYPC reported to have received from them, and did not itself report any such donation. The WNYPC reported that State Senator Tim Kennedy had donated $40,000 from a long-defunct campaign account. The head of that bricklayer’s union retired just a few months ago For a time, it showed the PAC to be in the red—a big no-no. Disclosures came in late, were inaccurate or misleading, in one instance showing a donation from a different, long-dormant Pigeon-associated PAC, Democratic Action. What was odd about that purported $9,000 donation from Democratic Action was that it did not disclose any outflow of money during the same 2013 cycle, and had most recently showed a fund balance of $2,400 and a concomitant “no activity” report with the Board of Elections.

In the Erie County Sheriff’s race, the WNYPC candidate Dick Dobson embarrassed Bert Dunn on primary night. Dunn decided to waste his money and run on a tailor-made third party line, unsuccessfully. WNYPC abandoned Dobson, however, during the general election. There was an unaccounted-for $20,000 that was paid to “Buying Time, LLC” for Dick Dobson ads, which was later claimed to have been a payment reportedly made by AJ Wholesalers directly to Buying Time on the WNYPC’s behalf.  

Buying Time is associated with Governor Andrew Cuomo. So associated, in fact, that the New York Times reported that it was sniffing around Buying Time that prompted Cuomo’s office to begin interfering with the work of the shortly-thereafter-disbanded Moreland Commission on Public Corruption

Aside from Barbara Miller-Williams, none of Pigeon’s and Mazurek’s legislative candidates won in September 2013, so she used Michael Caputo’s PoliticsWNY.com to smear Wynnie Fisher, who had defeated Mazurek’s candidate, Wes Moore.  Apparently, Fisher and her neighbors don’t get along, so a story was planted accusing Fisher of being crazy.

The problem was that the letter from Fisher’s neighbors that was the purported source of the story was sent to Wes Moore at an address in Lancaster. But Moore’s campaign committee was based in the Nanulas’ offices in Clarence. The Lancaster address was a house on Doris Avenue where Mazurek was living, and which also served as the mailing address for WNYPC. There was, on its face, a smoking gun of coordination. How and why would Wynnie Fisher’s neighbors decide to send a letter to an address for Wes Moore that didn’t exist in nature?

In late September 2013, Tim Hogues and Betty Jean Grant, with an assist from anti-Pigeon transparency advocate Mark Sacha, filed a formal complaint with the New York State Board of Elections, accusing Pigeon, Mazurek, and WNYPC of various illegalities and violations of campaign finance law. After the Erie County Board of Elections resolved to investigate the complaint, it was turned over to the state BOE, which in turn appears to have turned it over to the Attorney General’s office and State Police. Once an investigation such as this is put into the hands of people outside of Buffalo, you know that the threat of shenanigans is decreased exponentially. Police interviewed several people at the county legislature, as well as at least a couple of the headquarters-backed 2013 Democratic candidates for county legislature. Subpoenas. Search warrants. Forensic accountants. If even a small percentage of the rumors you’ve likely heard are true, the banking records should tell all.

Make no mistake: The news of these search warrants being executed measures a 10.0 on the political Richter scale. It also raises more questions than answers:

1. How far back does this go? Could it go as far back as the 2010 Pigeon-engineered Chris Collins coup of the county legislature? The 2008 effort against Hoyt?

2. How far out does this go? Does it implicate the bricklayer’s union? Tim Kennedy? This property abuts Conservative Party chairman Ralph Lorigo’s—could he be targeted? Was it Seneca money that Pigeon marshaled to fund the PAC? There’s a reason the Buffalo News’ article about this project was penned by Bob McCarthy and not someone on the business or development beat. Could this reach the Governor? The other two men in that room are already under arrest.

3. Chris Grant? Maybe has to do with the 2010 coup? The Buffalo News reports that Grant and Steve Casey operated a printing shop together, but my sources tell me Grant and Steve Casey started a consultancy business that had more to do with voter data gathering and analysis. It had also been rumored that Grant worked on the mayor’s campaign in 2013, which would have put him in constant contact with Casey. Indeed, Collins and Grant attended a Brown fundraiser in 2009. Did you catch Collins’ dismissal of Pigeon in the Buffalo News?

“Anyone in Western New York knows that Steve Pigeon has never been a financial supporter of my congressional campaigns,” the congressman said. “Steve is a political operative who has been active in Western New York politics for decades. I was certainly aware there has been an investigation of him ongoing for some time.”

I mean, Pigeon only helped engineer the coup that handed you the county legislature in 2010, but let’s pretend you never heard of the guy. Also: note the limitation to “congressional campaigns” and the glaring omission of state office campaigns.

4. Kristy Mazurek, who acted as the WNYPC’s treasurer: Was her home searched? If so, why wasn’t it reported? If not, why not? She’s reportedly retained Joel Daniels to represent her, and one doesn’t do that lightly. Certainly if there are questions about financial improprieties and improper collusion, she would be a prime target. Is she cooperating with law enforcement? Has she already turned everything over?

5. Who else is implicated, directly or indirectly? NYSUT’s Mike Deely? Senator Marc Panepinto? Mayor Byron Brown? Amherst Councilman Mark Manna? What other candidates with ties to Pigeon and the WNYPC are being targeted? What about Tom Golisano and Pyramid’s Scott Congel? When BAK USA took Golisano’s money, and the owners were photographed with Pigeon and Mazurek, I had flashbacks to this Soprano’s storyline, it seemed that seedy to me.

6. Just last weekend, the Buffalo News’ Bob McCarthy dutifully transcribed Steve Pigeon’s purported rationale for leaving his job with a local law firm, noting that he is now the chief lobbyist for the Seneca Nation of Indians. Remember the West Seneca parcel Steve Casey now manages for Scott Congel was once floated as a site for a new Bills stadium before renderings went out showing off an entire mixed-use community? For his part, Congel was in talks with Pigeon’s clients, the Senecas, about bringing a casino to one of his Rochester properties in mid-2013, during the WNYPC’s heyday.

No one’s been arrested, but three simultaneous raids of the homes of prominent political actors underscores the seriousness and wide scope of this investigation. For the first time, motivated, disinterested, and aggressive action is being taken on serious allegations surrounding campaign finance in western New York. The limited Erie County BOE investigation has morphed into something that calls for the intervention of state and federal law enforcement, and one has to imagine prosecutorial ducks are already in a row long before this sort of action is taken.

Could this be the beginning of a deep clean of Erie County politics? Hope and change never seemed so close.

Preet Bharara: New York’s Honey Badger

PIGEONThe United States Attorney for the Southern District of New York Preet Bharara has the ability and willingness to do what no elected official in New York can or will.  In fact, we should be thankful that Governor Cuomo disbanded his Moreland Commission on Public Corruption, enabling its investigatory files to be picked up by Bharara’s team of federal prosecutors and the FBI. The US Attorney, after all, is an appointed federal law enforcement official, unbeholden to any of the parties, factions, personalities, or pressure groups that maintain a corrupt chokehold on New York’s body politic.

Preet Bharara is New York’s honey badger, completely unconcerned with the toes on which his investigations might be treading.

Rumors swirled Saturday night in advance of a Bob McCarthy article in Sunday’s Buffalo News, as political junkies texted each other about the visit that the FBI and state law enforcement paid to one G. Stephen Pigeon.

Before I get into this party political inside baseball – why should you care?

Ultimately, the policies under which we live and work are decided by people whom we elect to public office – locally, regionally, statewide, and in Washington. The quality and efficacy of those policies can vary, so it’s theoretically important that voters make informed choices and select good candidates. Unfortunately, that’s not always how it works in real life, and too often personal ambition and greed get in the way. Scapegoats are many, but political machines aren’t necessarily to blame. Factionalism is the bigger problem.

If you’re a Republican, it can be frustrating how the ultra-right so-called “tea party” wing of the party can be at odds with the establishment party committees. One need only look at the 2014 race for the 60th Senate District – rightist Republicans were so angry at incumbent Republican Mark Grisanti’s support for same-sex marriage and the NY SAFE Act that they ousted him in favor of same-sex marriage and NY SAFE Act proponent, liberal Democrat Marc Panepinto.

As for the Democrats, they cyclically rip each other to shreds.  However, the Democratic factional trench warfare is seldom about ideology or policy, but instead about patronage and power. It can be so paralyzing and distracting that Democrats end up losing winnable elections. Steve Pigeon was the chairman of the county Democratic committee until about 12 years ago, when he was replaced by Len Lenihan. Pigeon’s committee was known for sharp elbows and racking up electoral losses. Throughout Lenihan’s – and now Jeremy Zellner’s – chairmanship, people and clubs loyal to Steve Pigeon have popped up periodically to sabotage the Democratic establishment’s candidates and procedures. Rather than mounting a credible or serious challenge to the chairmanship in order to regain control of the committee, they would directly and indirectly help the other side. 2013 was one of those years when Pigeon and his cronies gave sabotage a try.

It’s not just that they run primary races – there’s nothing facially wrong about that. It’s that they only do anything until September. Come primary day, they generally stop any meaningful activity and refuse or fail to help any Democrat, whether it was their candidate or not.

In 2013, the Erie County Democratic Committee endorsed several candidates for the county legislature, and Deputy Sheriff / bike shop scion Bert Dunn for county sheriff. The Steve Pigeon faction backed different candidates for all of those races, including Dick Dobson for sheriff. On its face, that’s no big deal – primary races during primary season.

But for years, Pigeon’s electoral efforts have been suspected of playing fast and loose with election regulations that run the gamut from vague to toothless to unenforced. Typically, the Pigeon modus operandi is to use go-betweens and shell corporations or LLCs to funnel money to, from, and between his candidates and certain campaign consultants and companies to do lit, polling, signs, and media buys. They use rhetorical sledgehammers to demolish their opponents with whatever smear they can muster – ask Sam Hoyt. It’s a well-oiled machine that has, over the last decade, been organized quickly and quietly, but enjoys few electoral accomplishments. When Pigeon’s candidate “Baby” Joe Mesi ran for state senate, you’d have thought his primary opponent, fellow Democrat Michele Iannello, was the worst villain since Torquemada – but when it came time to go after Republican Mike Ranzenhofer in the general election, punches were pulled all over the place. As usual, they stopped fighting in September.

Campaign finance and disclosure violations are seldom investigated and almost never prosecuted.  At least, not in Erie County. In 2013, Pigeon and erstwhile political commentator Kristy Mazurek set up the “WNY Progressive Caucus”.  New York doesn’t formally recognize “political action committees” or “PACs”. so the Pigeon-Mazurek group was set up as an unauthorized committee. So constituted, the law permitted the WNYPC to raise and spend money for it to donate to specific campaigns. The WNYPC explicitly could not coordinate with campaigns, nor spend money on their behalf.

In early September 2013, just weeks before primary day, the WNYPC paid for thousands of pieces of literature to be mailed to voters, which slammed legislative candidates backed by party headquarters; most notably, Tim Hogues, Betty Jean Grant, Wynnie Fisher, and Lynn Dearmyer. By way of example, one piece of WNYPC lit slammed Hogues for being a “Republican”, and promoted the candidacy of his challenger, Barbara Miller-Williams – a woman who had quite literally conspired with Republicans to mount a legislative coup in 2010.

Furthermore, the WNYPC’s disclosures were not complete.  For a time, it showed the PAC to be in the red – a big no-no. Disclosures came in late, were inaccurate, and misleading, in one instance showing a $9,000 donation from a different, long-dormant Pigeon-associated PAC, “Democratic Action”.  What was odd about that Democratic Action donation was that this group did not disclose any outflow of money during the same 2013 cycle, and had most recently showed a fund balance of $2,400 and a concomitant “no activity” report with the Board of Elections. It didn’t have $9,000 to give.

Pigeon-backed Dick Dobson embarrassed Bert Dunn on primary night. Dunn went on to waste his money on an unsuccessful general election run using a personal, bespoke minor party line. But in September, Pigeon, Mazurek, and their WNYPC utterly abandoned Dobson, during his general election bid. There were contemporaneous whispers that the Dobson effort had merely been a repeat of an earlier “Democrats for [Republican incumbent Sheriff] Tim Howard” campaign.

Wynnie Fisher defeated Pigeon and Mazurek’s primary candidate, Wes Moore.  Apparently, Fisher and her neighbors don’t get along, so Mazurek planted a story with her WGRZ 2Sides colleague Michael Caputo, accusing Fisher of being crazy. The problem was that the letter from the aggrieved neighbors was sent to Wes Moore at an address in Lancaster. But Moore’s campaign committee was based in an office in Clarence. The Lancaster address was a house on Doris Avenue where Mazurek was living, and which also served as the mailing address for WNYPC. There was, on its face, a smoking gun of coordination. How and why would Wynnie Fisher’s neighbors decide to send a letter to an address for Wes Moore that didn’t exist in nature?

In late September 2013, Tim Hogues and Betty Jean Grant, with an assist from anti-Pigeon transparency advocate Mark Sacha, filed a formal complaint with the New York State Board of Elections, accusing Pigeon, Mazurek, and WNYPC of various illegalities and violations of campaign finance law. Geoff Kelly reported that the investigation had wings . After the County Board of Elections resolved to investigate the complaint, it was turned over to the state BOE, which in turn appears to have turned it over to the Attorney General’s office and State Police. Once an investigation such as this is put into the hands of people outside of Buffalo, you know that the threat of shenanigans is decreased exponentially. Law enforcement interviewed several people at the county legislature, as well as several of the unsuccessful 2013 legislature candidates who were targets of the WNYPC.  Subpoenas have been issued and action taken to enforce them. Don’t be surprised if forensic accountants are trying to account for all the money – where it came from, and how it was spent. It was recently reported that certain real estate deals and former Deputy Mayor Steve Casey are under investigation. This likely has something to do with the Seneca Mall project, where Casey is now employed.

In the Buffalo News, Bob McCarthy interviews his longtime source Steve Pigeon, and reveals,

He said he used his own money to donate to the fund, that the fund was never coordinated with candidates, and that he acted only as a donor and not as an administrator responsible for reporting. He added that he has not been contacted by any investigators.

I’m not financial genius by any stretch, but that seems unlikely, at best. The WNYPC raised almost $300,000 in 2013. $100,000 came from Pigeon alone. How wealthy or well-paid would Pigeon have to be in order to have the disposable cash to dump $100,000 on the likes of Wes Moore, Dick Dobson, and Rick Zydel? Now under state and federal investigation is where, exactly, that money comes from.

And why is it that the U.S. Attorney from Manhattan is looking into the campaign finance shenanigans of some small fish in Buffalo? Do we not have a District Attorney in Erie County, empowered to investigate and prosecute violations of state law? I know Bharara is on the case because he took possession of the Moreland files, but it’s unseemly that it takes an outsider to investigate and prosecute this here. The Attorney General’s office – under attack for supposedly not investigating election irregularities – is investigating these because formal, credible complaints were presented.

As rumors swirl about the FBI and State Police subpoenaing records and following the money, it seems that campaign finance and election laws are being enforced in a serious way. Will there be a prosecution? Will it focus on elected officials, or will these two-bit operatives get caught in the web?

Time will tell, but something big is going on behind the scenes, and it’s being directed by very serious people from outside the area. It’s being directed by people who don’t owe any of these malefactors anything.

Pigeon, AwfulPAC Reportedly Under Investigation

Credit: Steve Pigeon, Via Twitter

It seems that when Erie County Democrats aren’t battling local Republicans, they’re busy ripping each other to shreds.  In its biennial outbreak of trench warfare between various Democratic factions, the party is too distracted by insider nonsense to remember how to win key elections.

In 2013, the Democratic headquarters/Jeremy Zellner faction endorsed several candidates for the county legislature, as well as Bert Dunn for county sheriff. The Steve Pigeon faction backed different candidates for all of those races, including Dick Dobson for sheriff. On its face, that’s no big deal – primary races during primary season.

But what may have started out as a typical Pigeonesque trolling of county HQ has developed some serious legs.

The suspected Pigeon modus operandi is to use go-betweens and shell corporations or LLCs to funnel money to, from, and between his candidates and certain campaign consultants and companies to do lit, polling, signs, and media buys. They use rhetorical sledgehammers to demolish their opponents with whatever smear they can muster – ask Sam Hoyt. It’s all a well-oiled machine that has few accomplishments, other than spending other people’s money and occasionally harming Democratic candidates in general elections.

The problem is that apparent campaign finance and disclosure violations are seldom investigated and almost never prosecuted.  At least, not in Erie County.

In 2013, Pigeon and erstwhile political commentator Kristy Mazurek set up the “WNY Progressive Caucus”.  It was set up as a PAC – the election law doesn’t use that term, but as an unauthorized committee, the WNYPC could raise and spend money to donate to specific campaigns, but was not allowed to coordinate with them, or spend money on their behalf. I called it “AwfulPAC”.

In early September 2013, just weeks before primary day, the WNYPC paid for thousands of pieces of literature to be mailed to voters, slamming legislative candidates backed by party headquarters; most notably, Tim Hogues, Betty Jean Grant, Wynnie Fisher, and Lynn Dearmyer. By way of example, one piece of WNYPC lit slammed Hogues for being a “Republican”, and promoted the candidacy of his challenger, Barbara Miller-Williams – a woman who quite literally conspired with Republicans to mount a legislative coup in 2010.

WNYPC’s disclosures were not complete.  For a time, it showed the PAC to be in the red – a big no-no. Disclosures came in late. Disclosures were inaccurate or misleading, in one instance showing a donation from a different, long-dormant Pigeon-associated PAC, “Democratic Action”.  What was odd about that purported $9,000 donation from Democratic Action was that it did not disclose any outflow of money during the same 2013 cycle, and had most recently showed a fund balance of $2,400 and a concomitant “no activity” report with the Board of Elections.

Dick Dobson embarrassed Bert Dunn on primary night. Dunn decided to waste his money and run on a tailor-made third party line, unsuccessfully. WNYPC abandoned Dobson, however, during the general election. None of Mazurek’s legislative candidates won, so she used Michael Caputo’s PoliticsWNY.com to smear Wynnie Fisher, who had defeated Mazurek’s candidate, Wes Moore.  Apparently, Fisher and her neighbors don’t get along, so a story was planted accusing Fisher of being crazy.

The problem was that the letter was sent to Wes Moore at an address in Lancaster. But Moore’s campaign committee was based in the Nanulas’ offices in Clarence. The Lancaster address was a house on Doris Avenue where Mazurek was living, and which also served as the mailing address for WNYPC. There was, on its face, a smoking gun of coordination. How and why would Wynnie Fisher’s neighbors decide to send a letter to an address for Wes Moore that didn’t exist in nature?

In late September 2013, Tim Hogues and Betty Jean Grant, with an assist from anti-Pigeon transparency advocate Mark Sacha, filed a formal complaint with the New York State Board of Elections, accusing Pigeon, Mazurek, and WNYPC of various illegalities and violations of campaign finance law.

Geoff Kelly reports at the Public that the investigation has wings .

After the County Board of Elections resolved to investigate the complaint, it was turned over to the state BOE, which in turn appears to have turned it over to the Attorney General’s office and State Police. Once an investigation such as this is put into the hands of people outside of Buffalo, you know that the threat of shenanigans is decreased exponentially.

Kelly reports that police interviewed several people at the county legislature. I have confirmed that at least one of the legislative candidates from 2013 was also interviewed.  Subpoenas have been issued and action taken to enforce them. Don’t be surprised if forensic accountants are trying to account for all the money – where it came from, and how it was spent.

Kelly also reports that real estate deals and former Deputy Mayor Steve Casey are under investigation. This likely has something to do with the Seneca Mall project, where Casey is now employed.

For once, at long last, it seems that campaign finance and election laws are being enforced in a serious way. Will there be a prosecution? Time will tell, but something big is going on behind the scenes, and it’s being directed by very serious people from outside the area.

Carl Being Carl

Courtesy Marquil at EmpireWire.com

It was a cool evening; cool in the sense of temperature as much as atmosphere. The sun had just set and the cloudless sky was turning a lovely shade of dark blue, with a disappearing tinge of orange on the horizon. 

I pulled my car into a spot about a block down from the Dinosaur BBQ on Franklin Street to attend the City & State “welcome to Buffalo” party. The New York-based paper had just hired a Buffalo reporter, and it was hosting a celebration. 

As I walked up Franklin, I ran into County Executive Mark Poloncarz, who was rushing to get to a dinner at Bacchus with bigwigs from a local utility company. I saw Buffalo Rising’s Newell Nussbaumer and said hello. As I approached the Dinosaur, I saw Mike Desmond from WBFO speaking with City & State Editor-in-Chief Morgan Pehme and Chris Thompson – Pehme’s new Buffalo hire. 

After a while, a very slim, dapper gentleman from the statewide office of AARP came by to chat with Pehme and Desmond. He mentioned that Erie County had the 9th oldest population in the country. 

Right around that time, I caught a glimpse of a black BMW X5 across Franklin. It stopped to let out City & State President & CEO Tom Allon and G. Stephen Pigeon. Allon is a tall, bespectacled man who looks like he stepped right out of a Brooks Brothers catalogue. I introduced myself to both men. Pigeon shook my hand. Understandably, he wasn’t especially warm and friendly to me, but behaved like a gracious adult. They went inside. 

At this moment, the BMW had made a u-turn and parked, halfway in a spot, in front of the Dinosaur BBQ. Out comes Carl Paladino, and he is smiling and gesturing at me as if I was someone he was happy to see. He came around the car and was being gregarious and friendly with everyone. As we both extended hands to shake in greeting, I hesitated and said, “you don’t like me. I’m Alan Bedenko”.

At this he recoiled and inquired whether I was fucking serious. When I answered in the affirmative, he took a step or two back to tell me that I’m “a real fucking asshole, you know that?”  I replied that yes, indeed, I am, as I grinned from ear to ear.  He went on to berate me as a “disgrace” and a “fucking coward”.  I continued smiling as this old man angrily spat expletives at me on a sidewalk, in front of people, on a cool Buffalo night. He then went inside in disgust, informing the people with whom I was chatting that he would not speak to them while they were talking to an asshole like me. It was surreal. 

I continued speaking with Mr. AARP guy, Pehme and Desmond before going inside to check the event out.  I met Erie County Legislator Joe Lorigo, who is a nice fellow even if his politics are all wrong. I like that he recognizes that the legislature is – and should be – a deliberative legislative body, and the role he plays in it.  I saw his dad, too, but we didn’t get a chance to speak. I spoke with lobbyist Jack O’Donnell and met his lovely wife, Marina. It was O’Donnell’s birthday, evidently, and Pehme led the gathering in a round of “Happy Birthday”.  There was even cake. 

I spoke at some length with Camille Brandon, fresh off a primary loss in her Assembly race. While we were chatting, Paladino passed behind me and said hello to her, but indicated that he would speak to her later when “that asshole” was gone.  She later found me and said Carl had asked her why she was speaking to that “asshole”. He was entering Mean Girls territory. 

I saw Jim Heaney and Dan Telvock of Investigative Post, and Justin Sondel from the Niagara Gazette.  I spoke briefly with @HeyRaChaCha from Twitter, and we talked about all the fascinating people who were there. 

As I spoke with Sondel and Mark Cornell from Poloncarz’s office about hydrofracking and Niagara County journalism, Pehme and Allon took to the stage to thank everyone for coming to the event.  Evidently, Paladino was a sponsor of the event because he, too, took the mic.  He welcomed City & State to Buffalo, adding that it was about time Buffalo got some real journalism up in here. He added that Buffalo media had too many “worms like Alan Bedenko”, expressing surprise and dismay as to how I even got into this event, to which I had been invited. 

Of all the elected officials, journalists, and dignitaries who filled that room, only one name was mentioned – mine, spat out by Buffalo’s favorite son – a walking, talking insult billboardatorium

Oh, how delightful this all was. I don’t think you’ve really arrived in Buffalo until you’ve been viciously cursed out by Carl Paladino.

What have I done to this man, except tell the truth about him? His sordid racist emails? His failed candidacy? The horrible things that come from his mouth? This guy is the personification of dishing it out but not being able to take it. (Mr. Tea Party is hanging out with Steve Pigeon, now?) What have I done, except be one of the few not in thrall of his money or perceived power? He hides behind his money, hurling misogyny, homophobia, and invective from emails and billboards, but I’m the coward?  I mean, I never circulated anal horse pornography, but that’s just not my thing. 

What’s with the hate and anger? Here he is, a millionaire in his $70,000 truck, being feted and paid attention to by all sorts of VIPs from not just the region, but throughout the state, but he’s got to take especial time to attempt – and fail – to insult me from the stage at the Dinosaur BBQ at someone else’s event. How great is that

Almost everyone said it was “just Carl being Carl”. It was, indeed.  That is, of course, the problem, but he’s attained folk hero status and can get away with just about anything, and the list of “cowards” who are willing to call him on it is regrettably short these days. There’s a fine line between being a straight talker and the state of being “Carl”. 

As for me, it was one of the proudest nights of my life; a story to remember. I make it a point to never knowingly do business with Carl Paladino, and I didn’t touch a drop of liquid or morsel of food that he underwrote at the event. 

Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which spitefully use you, and persecute you. – Matthew 5:44. 

Campaign Finance Irregularity Wednesday

Cheers to Steve Pigeon and Kristy Mazurek, who have managed to crowbar their names back into the news. They have either found or manufactured a crisis, accusing Board of Election workers of destroying NYSUT apparatchik Mike Deely’s petitions for county committee.

Is it true? Who knows, but the accusation has been trumpeted, and it’s now Dennis Ward’s and Jeremy Zellner’s problem to unfuck. From Caputo’s PoliticsNY.net

Mike Deely, regional staff director of the New York State United Teachers Union. He’s one of the largest donors to the ECDC over the years and a longtime member of the party’s executive board. Deely recently joined PMB forces, upset with the direction headquarters has taken in the last year.

In the meantime, West Seneca has (naturally) been the epicenter of Pigeon’s and local Conservative Party head Ralph Lorigo.  Steve Casey’s departure from City Hall to become the CEO of the monstrous Scott Congel-led Seneca Mall project underscores the political nature of that project. 

Floridian billionaire Tom Golisano is talking about joining with Congel for the location of the Seneca Mall, near the I-90 and Ridge Road. That land deal has been on simmer since late 2013, at least. 

Pyramid Management Group out of Syracuse have been sniffing around the Seneca Mall since at least last summer.  Look at this August 2013 article from the West Seneca Bee regarding the approval of $50k for town SEQR review of the Seneca Mall site. 

Though not much other detail was offered at Monday night’s Town Board meeting, the board unanimously approved a feasibility study to be performed regarding the proposed development of the former Seneca Mall site at a cost not to exceed $30,000…

…[Town Councilman Eugene P.] Hart said he had just learned of this resolution the day of the vote. Henry said it all came together “pretty quick.” He said the town was required to have the grant application submitted by Aug. 12, hence the need for immediate action.

“It seems very cryptic when you read it,” said Hart. “People will wonder what’s going on.”

[Supervisor Sheila] Meegan said she realized that, but they can’t “spill the beans.”

Hart also told the public that it is the intent of the board to rezone the former Seneca Mall site from industrial to commercial, as per the owner’s request. He said he could not offer much information but did say the proposed development would be a “game-changer” for the town.

Councilman John M. Rusinski said a delicate balance must be struck between the needs of the taxpayers and the needs of the developer. Both he and Hart said the feasibility study is being done in order to protect the interests of the taxpayers.

“Economic development is important to the town,” Rusinski said. “This project is a good thing.”

The Town Board Minutes of October 17, 2013 reflect that Supervisor Meegan made a motion, seconded by Rusinski, to authorize Meegan “to execute an agreement with Camoin Associates to conduct an economic and fiscal analysis for the Seneca Mall site.” 

On the question, Councilman Rusinski stated he agrees with the study but expressed concern about the verbage. He referred to a previously passed resolution which states the dollar amount is not to exceed $30,000, yet an attachment in the agreement shows a fixed fee of $25,000.

Town Engineer Richard Henry responded this was his mistake. The fixed fee language will be removed and the agreement will be amended to read “not to exceed.”
 
Councilman Hart stated he has numerous concerns and commented if this project were to go forward it will be considered huge and impact all of Western New York, yet they do not have a lot of information about the developer. He did not feel they had enough information to go forward at this time and questioned spending $25,000 when there are so many unanswered questions such as infrastructure and sewage.
 
Mr. Henry responded he has spoken with Camoin and they are aware they have to have more information from the developer in order to go forward. Upon approval, Camoin will present the developer with a list of questions. Mr. Henry stated the purpose of the study is to assess the fiscal impacts to get the answers so they can go forward.
 
Councilman Hart suggested the developer provide the town with $25,000 and the town will spend it on their behalf and do the study.
 
Town Attorney Shawn Martin responded the developer should not pay for a study that the town is requesting.
 
Supervisor Meegan stated they will be finding out what the potential is for the town’s investment and whether or not the investment will have a return for taxpayers. She commented that the town has an opportunity to do something and they cannot continue to let the site sit there as it has for so many years. The developer is asking for assistance to pursue a Seneca Place project of 3 million square feet of mixed use buildings, community center, retail, residential, office, hotels, parking, etc. Supervisor Meegan stated this project will not go forward at risk to the Town of West Seneca taxpayers.
 
Councilman Rusinski stated that West Seneca is screaming for economic development and the town has made the mistake of being too idle in the past.  The analysis will provide insight as to whether this type of development has economic potential for West Seneca. He did not feel any board member would put taxpayers at risk.
 
Councilman Hart stated there doesn’t seem to be any involvement by the IDA’s or the development corporation of New York State and he feels there should be more substance with regard to the developer’s marketing and business plan. Councilman Hart questioned how soon information will be provided to the board members and if the recommendations and numbers will be made public at that time.
 
Mr. Henry responded they have a total of 60 days; 30 days to gather the information and another 30 days to compile the information and report back to the town.
 
Mr. Martin stated if the report has an exception with regard to acquiring property or contract negotiations involving costs, information will not be made public.  He will have to see the report before he can make a determination as to whether or not the information provided will be made public at that time.
 
Councilman Hart stated he is ready to discuss the entire project with the public so they are fully aware of what the proposal is. He would like to see the Seneca Mall property developed and is willing to look for his own developer and take the property by eminent domain to acquire a reasonable project.
The motion carried unanimously. Lorigo’s involvement, at minimum, has to do with the fact that his office is located at the Seneca Mall parcel. Why did this come up last summer? Because of what I called the AwfulPAC; the now-defunct “WNY Progressive Caucus” was the Steve Pigeon / Frank Max / Kristy Mazurek effort to disrupt the Democratic Party and defeat certain of its county-level candidates.
 
AwfulPAC benefited from a huge cash injection from nominal Democrat and pro-life-oh-wait-pro-choice Tim Kennedy. But at the time, a singular donation of $25,000 from the International Union of Bricklayers and Allied Craftworkers Local 3 was quite puzzling, and no one reported on it. 
 
 
No one understood why it was made, and it’s glaringly odd because a $25,000 donation would have practically emptied the union’s account. The image above is taken from Mazurek’s AwfulPAC 11-day pre-primary filing. By contrast, this is what the Bricklayer’s union’s disclosure shows on its 11-day pre-primary filing: 
 
 
We’re meant to believe that a union with only $28,000 on hand is emptying its account to fund the AwfulPAC? Indeed, a scan of this union local’s intake and outflow shows modest amounts – a few thousand coming in, a few hundred going out. It reports $5,000 to current Rochester Mayor Lovely Warren in its 11-day pre-General. It gave Sean Ryan $500 bucks. Its July 2013 report shows a little over $1,000 to Tim Kennedy, but at no time did the BAC Local 3 report $25,000 to the “WNY Progressive Caucus”, and such an outflow appears on no disclosure report whatsoever
 
So, what’s going on? 
 
 
 
As Pigeon and Mazurek hyperventilate over allegations of supposed petition-destruction – something that despite years and years of open and obvious, internecine Democratic warfare has never happened before – let’s not let them off the hook for their own, more glaring and apparent sloppy campaign finance irregularities. 
 
New York State Democrats’ inability to get out of their own damn way is neither novel nor unique. Witness the spectacle just this week,  as a liberal gubernatorial challenger, Zephyr Teachout, is holding anti-Cuomo press conferences with right-wing Putin lookalike winner Rob Astorino. Hell no.
 
You want to make a point about the shutting down of the Moreland Commission? Do it. You want to call out the governor with his Republican challenger standing next to you? You just lost me. 
 
Here in Erie County, Nick Langworthy has the easiest  job in the world. He doesn’t need to do a thing when he has an endless parade of job-hungry nominal Democrats around to repeatedly sabotage whatever the county committee tries to do. 

The 2014 Kennedy/Mazurek Slate

From everything I can gather, there’s never been a time in recorded history when Erie County Democrats were united and working together as a matter of routine. It happens from time to time when convenient (i.e., when there’s something (or nothing) in it for everyone), but every election cycle or two there’s a party establishment that is battling on two fronts; Republicans on one side, and the sabotage wing of the nominal Democratic party on the other. 

You know the drill – “Concerned Parents” bludgeoning Sam Hoyt within an inch of his political life with the double-edged sword of infidelity and interns, engineering a coup in the state Senate to depose Democratic leadership there with a small collection of criminals, and a copycat coup in the Erie County Legislature to prop up the person who has quickly emerged as the most transactional, least interesting local politician – Tim Kennedy. 

Kennedy and Betty Jean Grant never really got along well, but the whole thing fell apart when Kennedy and Barbara Miller-Williams sold the Democratic legislature majority out to then-County Executive Chris Collins in a Pigeon-engineered coup in 2010. That positioned Kennedy to challenge incumbent Bill Stachowski and hop over to the appropriately useless State Senate. Grant mounted a grassroots, barebones challenge against Kennedy as payback two years later, and lost by only 139 votes

This year sets up a rematch of the Kennedy-Grant battle. During the last political cycle, the political action committee that Pedro Espada’s patronage hire, Steve Pigeon, set up last year with toxic personality Kristy Mazurek, found itself the subject of a bipartisan Erie County Board of Elections campaign finance violation probe. Subpoenas revealed undeclared expenses and sloppy accounting. It was called “Progressive Caucus of WNY” and its sole purpose was to sabotage the Erie County Democratic Committee and its candidates during the last cycle. I called it “AwfulPAC“. At one point in late October, it was late on its filings and $19,000 in the red. (It’s since updated its filings, which the Board of Elections has basically said are a masterpiece of fiction.) But losing most of its primaries wasn’t enough, AwfulPAC’s Republicans-in-Democratic-clothes went so far as to defame the Democratic candidate on the eve of the election

Pigeon supposedly funded AwfulPAC to the tune of $120,000 of money that came from God knows where. Senator Tim Kennedy gave an additional $80,000 – and he got revenge on Betty Jean Grant when AwfulPAC candidate Barbara Miller-Williams unseated Tim Hogues in the September primary. 

In the end, it cost about $267,000 (that are accounted-for) for Steve Pigeon and his known associates to kneecap the county Democratic committee and destroy Tim Hogues and Betty Jean Grant.  This is all they can do, since they have failed and refused to successfully challenge the committee chairmanship repeatedly over the last decade. They’re now gearing up not only to do battle against Grant, who is well-liked and not even close to lying down for these punks, but also to back a likely Mazurek effort to take the Assembly seat most recently kept warm by creepy toilet video director Dennis Gabryszak. AwfulPAC failed to account for $35,000 in TV spending, and spent another $112k directly on behalf of failed Sheriff candidate Dick Dobson, despite not properly being set up as an independent Dobson committee

Meanwhile, Kennedy flips and flops on abortion – he was pro-life when convenient, and is now pro-choice because that has suddenly become convenient – 

Meanwhile, Governor Cuomo’s joke of an election law review – the Moreland Commission – has done absolutely nothing about any of this.  It hasn’t addressed election law shenanigans or improper reporting, raising, and spending of money, and has completely avoided the issue of toxic and corrupt minor “parties” and their use of electoral fusion to obtain unearned political clout and patronage. 

As Kennedy and Mazurek run, watch how the money flows in and out of their campaigns, (to the extent the disclosures resemble reality), and that’s how you’ll know what this is all really about. Hint: good government and constituent service aren’t on the list.

Wes Moore c/o Kristy Mazurek?

Michael Caputo’s PoliticsNY.net published some embarrassing 10 year-old information about Democratic LD-8 candidate Wynnie Fisher on Friday. Fisher apparently doesn’t get along with her neighbors, who figured they’d dime her out to her former Democratic primary opponent, Wes Moore. Typical small-town neighbor feud. Fisher’s neighbors sent a letter to Fisher’s Democratic primary opponent, Wes Moore. 

Now, if you wanted to send a letter to Wes Moore, what address would you use? 

Wes Moore’s campaign committee was based (inexplicably enough) in LD-6 – Clarence. 

8940 Main Street is a nondescript office building at Shimerville Road. Essex Homes and some other offices are located there. But when first constituted, Moore’s campaign treasurer listed a Buffalo address: 

Evidently, Nanula’s company is now located in Clarence. In any event, there is nothing to show that Moore’s campaign can be contacted anywhere but Clarence or Buffalo. A Google search doesn’t give up much information. Moore never had a campaign website – only a Facebook page, since closed. 

The WNY Progressive Caucus (which I have dubbed “AwfulPAC”) is now under investigation for campaign irregularities; possible illegalities. Among the myriad accusations that have been lodged is that members of the WNY Progressive Caucus PAC have been “coordinating” with campaign committees, which is against the law. Specifically, it is believed  that Kristy Mazurek of the suspended “2 Sides” WGRZ weekly political program, had simultaneously held positions of some authority within the Rick Zydel and Wes Moore campaigns. Due to some rift between Erie County Democratic chairman Jeremy Zellner, she was going to run legislative candidates to oppose the committee’s own. Only Barbara Miller-Williams was successful. Barely. 

Mazurek co-hosts 2 Sides with PoliticsNY.net publisher Caputo. She also ran media relations for the Shenk for Comptroller campaign, whose internal campaign materials mysteriously appeared on Caputo’s site some weeks ago – months after they ceased to be in any way relevant to anything. 

The primary that kicked Wes Moore out of the race for LD-8 took place the second Tuesday in September. Mazurek’s AwfulPAC was created on August 22nd. By September 7th, she claimed to the Buffalo News that any suggestion that she was coordinating with the Moore campaign was “laughable”

“That’s laughable,” said Mazurek, who denied any official role in any campaigns since the PAC was formed last month.

Mazurek said she volunteers at various campaigns but is involved in no coordination between them and the PAC.

“I can show up as a volunteer or for lit drops or fundraisers,” she said. “But I have been hands off because I know the rules and regulations.

“And I don’t understand these continuing, vicious attacks on Steve Pigeon,” she added. “I’ve never heard such a bunch of crybabies before.”

So, from Mazurek’s own mouth, she hadn’t been “hands-on” with the Moore campaign since August 22nd.  

But, if there had been no coordination – everything “hands-off” – between Mazurek‘s AwfulPAC and the Wes Moore campaign starting on August 22nd, why did the disgruntled neighbors send their “we hate Wynnie Fisher” materials to Mazurek’s house on October 19th

Compare that with this: 

Why is Wes Moore getting mail at non-coordinating “volunteer” Kristy Mazurek’s house? Why did the information then become fodder for a concerted Republican attack just 10 days later? Is Mazurek just a Republican stooge, now

Campaign Disclosure: 10 Day Post Primary

If you were a candidate for election involved in a primary earlier this month, your campaign finance disclosure should include a 32 day pre-primary report, an 11 day pre-primary report, and a 10 day post-primary report. For instance, here is Lynn Dearmyer’s list of reports: 

Rick Zydel: 

But the victor of that three-way battle, Pat Burke, is late. As of this morning, his pre-primary reports have shown up. 

They weren’t there yesterday – the pre-primary report was 6 weeks late, and the 11 day was a month late. That’s either the negligence of a crap treasurer or something intentional. I asked him on Twitter:

The last question wasn’t answered. 

Looking at the newly appearing disclosures, in the 32-day, Burke reports $625 in unitemized proceeds from a mid-July fundraiser, which cost about $100 for pizza and beverages. Burke’s campaign bought him $113 pair of shoes for walking door to door, and $213 for “campaign attire” at JC Penney’s – those are new ones on me. He ended the period with $2660 on hand. 

Burke raised another $823 in unitemized contributions at an August fundraiser, and got $50 from Mark Schroeder’s campaign fund, and $250 from Savarino. Robert Sroda donated $1,000 in mid-August.  He pulled in about $3,000 in that period, and spent $3551 on direct mail with Zenger Group, which does tons of work for all sorts of candidates

But we don’t have the 10 day post-primary report, which will show everything that Burke spent in the days leading up to the election. There’s nothing controversial in Burke’s disclosures – no one’s going to make a stink about the suit and shoes, funny as it might be – but the lateness is troubling. 

Turning to this year’s breakaway nominal Democrat shit-stirring, the WNY Progressive PAC finished this year’s primary election cycle with -$18,000. Negative eighteen thousand. 

Steve Pigeon donated a little over $6,000 for stamps and Robocalls – (remember the pro-Fruscione, anti-Hamister mailers in the Falls had stamps on them?) Tim Kennedy ally and cancer peddlers AJ Wholesale gave another $10,000.  Tim Kennedy’s own Senate account ponied up another $40,000 – that makes a total of $125,000 from various open and closed Tim Kennedy campaign accounts.

On the expenditure side, $25,000 was paid to “Landon LLC”, which sounds a lot like Pigeon’s own Landen Associates.  Robocalls were done for $600 by “Van” in “Summerville [sic] MA”. Gia Marketing was paid, as was a Michael Darby, who was paid about $20,000 for a month’s worth of “consulting”. 

Pigeon himself “loaned” the committee another $70,000, leaving total liabilities of $90,000. Forget for a fact that these are the people who brought us the good government activism of Pedro Espada, here’s how they ended up the cycle: 

 

They have Dick Dobson and Barbara Miller-Williams to show for it. One could credibly fund at least 20 successful county legislative races for that kind of money. 

 

 

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